Truthout: Still no rights for detainees in Afghanistan

Washington - The Obama administration, siding with the Bush White House, contended Friday that detainees in Afghanistan have no constitutional rights.

In a two-sentence court filing, the Justice Department said it agreed that detainees at Bagram Airfield cannot use U.S. courts to challenge their detention. The filing shocked human rights attorneys.

"The hope we all had in President Obama to lead us on a different path has not turned out as we'd hoped," said Tina Monshipour Foster, a human rights attorney representing a detainee at the Bagram Airfield. "We all expected better."

The Supreme Court last summer gave al-Qaida and Taliban suspects held at the U.S. naval base at Guantanamo Bay, Cuba, the right to challenge their detention. With about 600 detainees at Bagram Air Base in Afghanistan and thousands more held in Iraq, courts are grappling with whether they, too, can sue to be released.

Three months after the Supreme Court's ruling on Guantanamo Bay, four Afghan citizens being detained at Bagram tried to challenge their detentions in U.S. District Court in Washington. Court filings alleged that the U.S. military had held them without charges, repeatedly interrogating them without any means to contact an attorney. Their petition was filed by relatives on their behalf since they had no way of getting access to the legal system.

The military has determined that all the detainees at Bagram are "enemy combatants." The Bush administration said in a response to the petition last year that the enemy combatant status of the Bagram detainees is reviewed every six months, taking into consideration classified intelligence and testimony from those involved in their capture and interrogation.

After President Obama took office, a federal judge in Washington gave the new administration a month to decide whether it wanted to stand by Bush's legal argument. Justice Department spokesman Dean Boyd says the filing speaks for itself.

"They've now embraced the Bush policy that you can create prisons outside the law," said Jonathan Hafetz, an attorney with the American Civil Liberties Union who has represented several detainees.

The Justice Department argues that Bagram is different from Guantanamo Bay because it is in an overseas war zone and the prisoners there are being held as part of a military action. The government argues that releasing enemy combatants into the Afghan war zone, or even diverting U.S. personnel there to consider their legal cases, could threaten security.

The government also said if the Bagram detainees got access to the courts, it would allow all foreigners captured by the U.S. in conflicts worldwide to do the same.

It's not the first time that the Obama administration has used a Bush administration legal argument after promising to review it. Last week, Attorney General Eric Holder announced a review of every court case in which the Bush administration invoked the state secrets privilege, a separate legal tool it used to have lawsuits thrown out rather than reveal secrets.

The same day, however, Justice Department attorney Douglas Letter cited that privilege in asking an appeals court to uphold dismissal of a suit accusing a Boeing Co. subsidiary of illegally helping the CIA fly suspected terrorists to allied foreign nations that tortured them.

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Portrait of Obamaby Kim Gledhill

Quotes

“When I take that oath of office, there will be kids all over this country who don’t really think that all paths are open to them, who will believe they can be anything they want to be. And I think the world will look at America a little differently.” - Barack Obama, 2006

"I didn't come here to debate the past. I came here to deal with the future ... We must learn from history. But we can't be trapped by it." - Barack Obama, Summit of the Americas 2009

“To those who would tear the world down: we will defeat you. This is our moment. This is our time.” - Barack Obama

"Sasha and Malia, I love you both more than you can imagine, and you have earned the new puppy that's coming with us to the White House." - Barack Obama

"'I think people will see that I'm not afraid to have folks around me who complement my strengths and who are independent. I'm not a believer in a government of yes-men. I think one of the failures of the early Bush Administration was being surrounded by people who were unwilling to deliver bad news, or who were prone to simply feed the president information that confirmed his own preconceptions." - Barack Obama

"I would not be running for President if I didn't believe with all my heart that this is what the vast majority of Americans want for this country. This union may never be perfect, but generation after generation has shown that it can always be perfected. And today, whenever I find myself feeling doubtful or cynical about this possibility, what gives me the most hope is the next generation - the young people whose attitudes and beliefs and openness to change have already made history in this election." - Barack Obama

"The moral arc of the universe is long, but it bends towards justice." - Rev. Martin Luther King, Jr.

"Electing a black president says around the world that you can overcome old wounds. I’ve said in our case, We have a birth defect, but it can be overcome." - Condoleezza Rice

"Things do change. There is a God. They do get better." - David Dinkins

“I think that Senator Obama brings a fresh set of eyes, fresh set of ideas to the table. I think that Senator McCain, as gifted as he is, is essentially going to execute the Republican agenda, the orthodoxy of the Republican agenda with a new face and a maverick approach to it, and he’d be quite good at it, but I think we need more than that.” - Colin Powell (endorsing Obama on 19/10/08)

"I will vote for the individual I think that brings the best set of tools to the problems of 21st-century America and the 21st-century world regardless of party, regardless of anything else other than the most qualified candidate." - Colin Powell

"The United States of America is an extraordinary country. It is a country that has overcome many, many, now years, decades, actually a couple of centuries, of trying to make good on its principles. And I think what we are seeing is an extraordinary expression of the fact that 'We the People' is beginning to mean all of us." - Condoleezza Rice

"[Obama] is running for president of all Americans, not just African-Americans. [We] must be careful not to segregate Senator Obama and impose some litmus test that is unfair and unproductive." - Rev. Al Sharpton

"Welcome to the murky world of modern racism, where most of the open animus has been replaced by a shadowy bias that is difficult to measure. As Obama gently put it in his race speech, today's racial 'resentments aren’t always expressed in polite company.' However, they can be — and possibly will be — expressed in the privacy of the voting booth." - Charles M. Blow

"Barack and I were raised with so many of the same values: that you work hard for what you want in life; that your word is your bond and you do what you say you're going to do; that you treat people with dignity and respect, even if you don't know them and even if you don't agree with them. And Barack and I set out to build lives guided by these values and pass them on to the next generation, because we want our children and all children in this nation to know that the only limit to the height of your achievements is the reach of your dreams and your willingness to work for them." - Michelle Obama

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"I would not be running for President if I didn't believe with all my heart that this is what the vast majority of Americans want for this country. This union may never be perfect, but generation after generation has shown that it can always be perfected. And today, whenever I find myself feeling doubtful or cynical about this possibility, what gives me the most hope is the next generation - the young people whose attitudes and beliefs and openness to change have already made history in this election."- Barack Obama

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